Criminal Immigration Consequences
Anyone seeking to become a citizen can get information about how
to apply and get approved even though they have a criminal
conviction. A past indiscretion, even twenty or thirty years ago,
can come back to haunt you now when trying to gain your U.S.
Federal Law related to immigration and naturalization imposes
strict consequences for criminal convictions prior to becoming a
citizen. Some convictions can result in automatic exclusion and
even deportation. Although a person can be denied citizenship for
committing theft offenses, such as grand theft, burglary and fraud,
the most common type of exclusion is for aggravated felonies. The
law defines an aggravated felony in many different ways, however
the most typical is a felony where the individual is sentenced to a
year or more in jail.
In order to allow a criminal defendant to make an informed,
intelligent and voluntary decision regarding a plea bargain,
California Law imposes a requirement on the Court to give a
specific advisal regarding any potential immigration consequences
Prior to acceptance of a plea of guilty or nolo contendere to any
offense punishable as a crime under state law, except offenses
designated as infractions under state law, the court shall administer
the following advisement on the record to the defendant:
"If you are not a citizen, you are hereby advised that conviction of
the offense for which you have been charged may have the
consequences of deportation, exclusion from admission to the United
States, or denial of naturalization pursuant to the laws of the United
In addition to this general advisal, the law further requires the
criminal defense attorney representing the defendant to explain
and advise on the specific immigration consequences of his plea.
The failure to do so is considered ineffective assistance of counsel
and could result in the conviction being thrown out.
Our criminal defense lawyers have represented numerous people in
attempting to set aside pleas and convictions in order to avoid
deportation or exclusion from naturalization. In fact, recently we
were able to convince a Los Angeles County Judge to vacate and
set aside a conviction for robbery, thereby allowing the client to go
on and avoid mandatory deportation.
Contact our experienced Los Angeles criminal defense attorneys
today to discuss your specific case. With over 20 years of
combined experience, our Burbank criminal defense team can help
you to avoid deportation resulting from criminal charges, call us
toll free at 1-877-617-4485.
Pleading guilty without the right advice can cost you your future!
There are options and strategies available to help you avoid
deportation, and ways to reverse damage already done, call to
Although the law tends to be in favor of immigrants coming to this
country, if the person offends and violates the criminal statutes he
or she may face exclusion from naturalization to the United States.
Go to Matthew Ruff on google plus to read about how he can use
the California laws to the benefit of the person seeking to become
a U.S. citizen.
Toll Free at 1-877-617-4485
Matthew J. Ruff, Esq.
20 Years Experience in Criminal Law